The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
Labor Reform ,
LGBTQ ,
Regulatory Reform ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Non-Discrimination Rules ,
ZIP Codes
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
7/23/2024
/ Algorithms ,
Amicus Briefs ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Machine Learning ,
Putative Class Actions ,
Title VII
Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more
7/22/2024
/ Administrative Agencies ,
Administrative Resignation ,
Algorithms ,
Artificial Intelligence ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Machine Learning ,
Title VII ,
Wage and Hour
Seyfarth Synopsis: Last week, the administrative state’s foundation shook as the Supreme Court overruled Chevron, holding that federal administrative agencies are not entitled to deference in interpreting statutes and that...more
Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.”...more
5/23/2024
/ Algorithms ,
Artificial Intelligence ,
Colorado ,
Employer Liability Issues ,
Hiring & Firing ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Personal Data ,
Popular ,
Risk Management ,
State Labor Laws
On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more
5/6/2024
/ Artificial Intelligence ,
Bias ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Risk Management ,
Wage and Hour
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
5/2/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Human Resources Professionals ,
Title VII ,
Vendors
In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace...more
The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...more
3/29/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
Risk Management
Seyfarth Synopsis: The draft text of the EU AI Act has been unofficially posted online, showing that there has been significant momentum towards the Act’s final passage. Under the posted draft of the Act, the provisions...more
Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of...more
10/31/2023
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Defense Production Act ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
NIST ,
Risk Management ,
Technology Sector
Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more
10/19/2023
/ Administrative Agencies ,
Administrative Appointments ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Disabilities ,
Disability Discrimination ,
EEOC General Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Strategic Enforcement Plan
Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal...more
10/12/2023
/ #MeToo ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Reform ,
New Guidance ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Sexual Harassment ,
Workplace Harassment Guidance
Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives...more
8/24/2023
/ Civil Rights Act ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GAO ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Regulatory Agenda ,
Strategic Planning
Seyfarth Synopsis: Four days before enforcement of New York City Local Law 144 (“Local Law 144”) is set to begin, the Department of Consumer and Worker Protection (“DCWP”) published FAQ guidance governing the use of Automated...more